Twenty states filed a lawsuit against the new one hundred-thousand-dollar H-1B application fee. The plaintiffs argue the fee goes against Congress’ intentions for the work visa program. This lawsuit is the latest of several judicial challenges towards the enforcement of new H-1B fee.
On December 12, 2025 the Attorney General of California filed the lawsuit arguing the fee’s harmful impact on the economies of both the state and the U.S. The following states joined the lawsuit:
- Massachusetts.
- Arizona.
- Colorado.
- Connecticut.
- Delaware.
- Hawaii.
- Illinois.
- Maryland.
- Michigan.
- Minnesota.
- Nevada.
- North Carolina.
- New Jersey.
- New York.
- Oregon.
- Rhode Island.
- Vermont.
- Washington State.
- Wisconsin
This lawsuit represents the greatest challenge towards the new H-1B fee since it was first announced. In October 2025, several parties file separate lawsuits against the new fee. Plaintiffs for these cases include a coalition of educators and medical professionals along with the U.S. Chamber of Commerce (COC). Each of the plaintiffs argue the new H-1B application fee will slash the number of available educational and medical professionals, who rely on the visa program for recruiting new talent.
The government argues that the H-1B visa program has been subject to repeated fraud and abuse. Additionally, the government explained American employees are becoming too reliant on foreign talent and using the H-1B program to fill entry-level positions.
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